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The inquirer asks whether repaying mortgage loans using proceeds from a sale is exempt from tax. The DGT clarifies that repaying the loan does not constitute a taxable event, whereas the formal cancellation of the mortgage does, although it is exempt.
Question posed: Whether it would be exempt from Transfer Tax and Stamp Duty.
The amortization of a mortgage loan is not a scenario subject to Transfer Tax and Stamp Duty. The acts subject to the tax under the modality of documented legal acts are exclusively formal mortgage cancellations. Notwithstanding, the cancellation of mortgages of any kind is exempt from the tax pursuant to Article 45.I.B) of the TRLITPAJD.
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